Resolution 2019-36RESOLUTION NO.2019-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE CITY ADMINISTRATOR TO ABATE OR CAUSE TO
BE ABATED THE BLIGHT CONDITIONS WHICH CONSTITUTE A
PUBLIC NUISANCE AS SPECIFIED BY RESOLUTION NO. 2019-20
WHEREAS, a duly noticed meeting was held on May 20, 2019 before the City Council
of the City of Gilroy in accordance with Section 513.20, to determine whether certain conditions on
the property located at 7568 Monterey Street, Gilroy (the "Property") constitute property blight and
a public nuisance under Sections 513.2 and 513.3 of the Gilroy City Code; and
WHEREAS, competent evidence has been presented to the City Council, including a
Code Enforcement Staff Report and oral testimony demonstrating that certain conditions on the
Property constitute such property blight and public nuisance; and
WHEREAS, the owners and occupiers of the Property, Sammy Kun Yen Wu and
Jasmine Ching-Yia Wu, have been given proper and sufficient notice that the condition of the
Property violates various regulations set forth in the Gilroy City Code; and
WHEREAS, in accordance with Section 513. 20 of the Gilroy City Code, the City
Council of the City of Gilroy on May 20, 2019 approved Resolution No. 2019-20 declaring that
long-standing structural deficiencies at the Property does now constitute, and will continue to
constitute, a public nuisance; and
WHEREAS, the owners and occupiers of the Property, Sammy Kun Yen Wu and
Jasmine Ching-Yia Wu, have been given proper and sufficient notice and opportunity to make
objections to the proposed removal or abatement of the property blight and public nuisance at the
Property by City authorities pursuant to Sections 513.20, 513.21 and 513.22 of the Gilroy City Code;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy
as follows:
1. The City Council having declared the Property a public nuisance and provided
proper notice and opportunity for any comments and/or objections to the proposed removal or
abatement of such nuisance, now orders the City Administrator to abate such nuisance or cause the
same to be abated pursuant to Gilroy City Code Section 513.23.
2. The Property owners shall have the right to abate such nuisance or have the same
destroyed or removed at their own expense; provided that such nuisance shall have been completely
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abated prior to the arrival of the City Administrator or his authorized representatives to abate the
nuisance.
The City Administrator, City employees, contracting agents or other representatives
are hereby expressly authorized to enter upon the Property for the purposes of removing or abating
such nuisance, in which case the costs of such abatement will be assessed upon the lots and lands
from which the Property blight and public nuisance shall have been destroyed or removed.
The owners of the Property shall be responsible for all costs involved in the
abatement and clean-up of this nuisance. In the event that the owners fail to reimburse the City for
its expenses, the City shall have the right to place a lien against the Property to recover the costs of
the abatement proceedings and clean-up and may collect any unpaid amount upon the next tax roll
upon which general municipal taxes are collected or by use of any and all available legal means.
PASSED AND ADOPTED this 17th day of June, 2019, by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-
MUNOZ, MARQUES, TOVAR and VELASCO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTE
Shawna Freels, City Clerk
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TUCKER
APPRO
Roland Velasco, Mayor
RESOLUTION NO.2019-36
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2019-36 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on
the 17t` day of June, 2019, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 19'h day o June, 2019.
Shawna s, C v
City Clerk of the City of Gilroy
(Seal)